Pawan Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9808 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- Amdanda District- Bhagalpur ====================================================== Pawan Thakur Son of Jageshwar Thakur Resident Of Madarganj, PSAmdanda, Distt.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar For the Opposite Party/s :
Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Amdanda P.S. Case No. 115 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 109, 329(4), 351(2), 352 and 3(5) of the BNS.
3. As per the prosecution story, the informant has alleged that on 12.11.2024, at about 07:00 PM, one Battan Thakur was cutting/harvesting half ripped paddy in the informant's field, when he objected for the same, Battan Thakur started abusing him. Thereafter, informant returned to his house. Later, Pawan Thakur (petitioner), Pravin Thakur, Pradeep Thakur and Battan Thakur came to the house of the informant and assaulted him by
Patna High Court CR. MISC. No.9808 of 2025(4) dt.09-05-2025 2/3 means of lathi due to which he sustained injury on his head.
4. Learned counsel for the petitioner submits that the petitioner denies the whole allegations levelled against him in the F.I.R. There are general and omnibus allegations against the petitioner. From the injuries as discussed in the impugned order, it is clear that the injured-informant received a sharp cutting wound 2" X 1⁄4" X 1⁄4", while the allegation of assault is general and omnibus by means of lathi by four accused persons including petitioner and hence the allegation is not substantiated by the injury report.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. From perusal of F.I.R., it appears that there is general and omnibus allegation against the petitioner along with other co-accused persons to assault the informant. Petitioner has no criminal antecedent and he is in custody since 15.11.2024.
7. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - II, Bhagalpur in connection with Amdanda
Patna High Court CR. MISC. No.9808 of 2025(4) dt.09-05-2025 3/3 P.S. Case No. 115 of 2024 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T